| |
clear any participation
by an expert.
Ordinarily, counsel is not appointed for an
investigation not requiring a hearing, although
a judge advocate is often made available to
help the IO with any legal problems or
questions that may arise.
APPOINTING ORDER
An investigation not requiring a hearing is
convened by a written order called an
appointing order. An officer in command is
responsible for initiating investigations of
incidents occurring within his or her command
or involving his or her personnel.
An appointing order must be in official
letter form, addressed to the IO of the
one-officer investigation.
When circum-
stances warrant, an investigation may be
convened by an oral or message order. The
IO must include
confirmation of oral
investigative report.
The appointing
the signed,
written
or message orders in the
order serves several
purposes. They recite the specific purpose(s)
of the investigation, give explicit instructions
as to the scope of the inquiry, and direct the
IO to the required witness warnings.
These instructions help the IO accomplish
all the objects of the investigation, not just the
CAs immediate objectives. For example, the
following case of a vehicle accident involving
a member of the naval service may give rise
to various concerns that include (1) the CA
who
orders the investigation may be
concerned whether local procedures regarding
the use of government vehicles should be
changed and whether disciplinary action may
be warranted; (2) JAG may be concerned with
a line of duty/misconduct determination; and
(3) the cognizant naval legal service office
(NLSO) claims officer will be concerned with
potential claims for or against the government.
A properly completed investigation requires
the IO to satisfy the special requirements for
each of these different determinations.
All fact-finding bodies are required to
make findings of fact.
In the typical
investigation not requiring a hearing, the
appointing order directs the IO to conduct a
thorough
investigation
into
all
the
circumstances connected with the subject
incident and to report findings of facts,
opinions, and recommendations concerning the
following:
l The resulting damage
l The injuries to members of the naval
service and their line of duty and misconduct
status
l The circumstances attending the death
of members of the naval service
l The responsibility for the incident
under
investigation,
including
any
recommended administrative or disciplinary
action
l Claims for and against the government
l Any other specific
i n v e s t i g a t i v e
requirements that are relevant, such as those
contained in the JAGMAN
During the course of the investigation, on
advice of the investigative body or on his or
her own initiative, the CA may broaden or
narrow the scope of the inquiry by issuing
supplemental
directions
amending
the
appointing order.
Unless specifically directed by the
appointing order,
opinions or recommen-
dations are not made. The CA may require
recommendations in general, or in limited
subject areas.
The appointing order may direct that
testimony or statements of some or all
witnesses be taken under oath and may direct
that testimony of some or all witnesses be
recorded verbatim. When a fact-finding body
not requiring a hearing takes testimony or
9-20
|